34 U.S.C. § 10384 — Limitation on use of funds

Page 116 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10383 Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2006 AMENDMENT Amendment by section 1111(c)(2)(I) of Pub. L. 109–162 applicable with respect to the first fiscal year begin- ning after Jan. 5, 2006, and each fiscal year thereafter, see section 1111(d) of Pub. L. 109–162, set out as a note under section 10151 of this title. § 10383. Renewal of grants (a) In general Except for grants made for hiring or rehiring additional career law enforcement officers, a grant under this subchapter may be renewed for up to 2 additional years after the first fiscal year during which a recipient receives its initial grant, if the Attorney General determines that the funds made available to the recipient were used in a manner required under an approved ap- plication and if the recipient can demonstrate significant progress in achieving the objectives of the initial application. (b) Grants for hiring Grants made for hiring or rehiring additional career law enforcement officers may be renewed for up to 5 years, subject to the requirements of subsection (a), but notwithstanding the limita- tion in that subsection concerning the number of years for which grants may be renewed. (c) Multiyear grants A grant for a period exceeding 1 year may be renewed as provided in this section, except that the total duration of such a grant including any renewals may not exceed 3 years, or 5 years if it is a grant made for hiring or rehiring additional career law enforcement officers. (Pub. L. 90–351, title I, § 1703, as added Pub. L. 103–322, title I, § 10003(a)(3), Sept. 13, 1994, 108 Stat. 1812.) Editorial Notes CODIFICATION Section was formerly classified to section 3796dd–2 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 10384. Limitation on use of funds (a) Nonsupplanting requirement Funds made available under this subchapter to States or units of local government shall not be used to supplant State or local funds, or, in the case of Indian tribal governments, funds sup- plied by the Bureau of Indian Affairs, but shall be used to increase the amount of funds that would, in the absence of Federal funds received under this subchapter, be made available from State or local sources, or in the case of Indian tribal governments, from funds supplied by the Bureau of Indian Affairs. (b) Non-Federal costs (1) In general States and units of local government may use assets received through the Assets For- feiture equitable sharing program to provide the non-Federal share of the cost of programs, projects, and activities funded under this sub- chapter. (2) Indian tribal governments Funds appropriated by the Congress for the activities of any agency of an Indian tribal government or the Bureau of Indian Affairs performing law enforcement functions on any Indian lands may be used to provide the non- Federal share of the cost of programs or projects funded under this subchapter. (c) Hiring costs Funding provided under this subchapter for hiring or rehiring a career law enforcement offi- cer may not exceed $75,000, unless the Attorney General grants a waiver from this limitation. (d) Guidance for understaffed law enforcement agencies (1) Definitions In this subsection: (A) Covered applicant The term ‘‘covered applicant’’ means an applicant for a hiring grant under this sub- chapter seeking funding for a law enforce- ment agency operating below the budgeted strength of the law enforcement agency. (B) Budgeted strength The term ‘‘budgeted strength’’ means the employment of the maximum number of sworn law enforcement officers the budget of a law enforcement agency allows the agency to employ. (2) Procedures Not later than 180 days after May 24, 2024, the Attorney General shall establish con- sistent procedures for covered applicants, in- cluding guidance that— (A) clarifies that covered applicants re- main eligible for funding under this sub- chapter; and (B) enables covered applicants to attest that the funding from a grant awarded under this subchapter is not being used by the law enforcement agency to supplant State or local funds, as described in subsection (a). (3) Paperwork reduction In developing the procedures and guidance under paragraph (2), the Attorney General shall take measures to reduce paperwork re- quirements for grants to covered applicants. (Pub. L. 90–351, title I, § 1704, as added Pub. L. 103–322, title I, § 10003(a)(3), Sept. 13, 1994, 108 Stat. 1812; amended Pub. L. 118–64, § 5, May 24, 2024, 138 Stat. 1436.) Editorial Notes CODIFICATION Section was formerly classified to section 3796dd–3 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 2024—Subsec. (d). Pub. L. 118–64 added subsec. (d). § 10385. Performance evaluation (a) Monitoring components Each program, project, or activity funded under this subchapter shall contain a moni-